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Gopi   06 November 2017

Bigamy

My marriage was performed in India without any Hindu rituals like saptapadi etc and latter there were differences and then after 5 years I married another indian girl in usa after becoming citizen of USA. Now if the woman in india files a bigamy case what are the consequences I will be facing, remedies if any. Please suggest


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 November 2017

If your file a complaint on you with photo evidences etc. you will be accused in the eyes of law. Bigamy is a non-cognizable offence. It is bailable and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both.

Gopi   06 November 2017

You mean to say even if the first marriage did not undergo the rituals that are to be performed as per the law , if she takes the photos of the second marriage which also did not underwent any hindu rituals like saptapadi, I will be considered as an accused. I think is it not necessary to prove firstly that the first marriage is valid or not, and also the second marriage is valid or not.

 

Thanks

Vijay Raj Mahajan (Advocate)     06 November 2017

Both marriages with complete rituals and customs of parties need to be proved with sufficient, admissible evidence. Simple photographs will not be sufficient evidence to prove valid ceremonies of marriage . In your case if Hindu marriage was not done with essential ceremonies like Saptapadi than it won't be considered as valid marriage and this will help you to get discharged if bigamy u/s 494, 495 IPC if filed against you. Even your second marriage solemnised in USA has to be proved with sufficient evidence. Onus to prove both marriages is on the Complainant/wife and as an accused you don't have to worry. For detailed professional consultancy and discussion you can contact me directly. vijaymahajan5758@gmail.com

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